That on the ......... day of............, 19...., an order was made by the court in the above entitled matter, directing the undersigned to divide and transfer to the heirs at law (and devisees) of said decedent their proportional shares (or legacies) in moneys, choses in action and miscellaneous personalty of the estate, as specifically stated in said order. That in conformity with said order I proceeded to divide and distribute the said properties to the said distributees as in said order directed (excepting as follows). [That, after making diligent search and inquiry, I have been unable to find ..... one of the distributees named in said order, unable to ascertain his place of residence; and no one has appeared to make legal claim to his said share of the estate. Wherefore, I hereby request the court to make such further order respecting his said share as may appear most beneficial.] That the receipts hereto attached were given to me for the properties transferred as aforesaid, by the said distributees, respectively, and such receipts are made a part of this return as exhibits "A," "B," "C" (etc.). Respectfully submitted this ............ day of ............, 19..... ]Signature of administrator or executor.] 371a. Receipt of Distributee. [Title.] I, .................................., of ............... in the County of ............, State of ..... do hereby certify that I am one of the distributees [or, guardian of the property of............, one on the minor distributees, as shown by the attached certificate of my letters of ...........] of the estate of the said decedent, ...; and I do hereby acknowledge the receipt of $, together with the other items of personalty of the appraised value of $.........., described and mentioned as my distributive share of said estate, in the order of distribution made by the court herein on the ............ day of ............, 19..... ............ ....day of ............, 19..... [Signature of distributee or guardian.] Witness my hand at ............, this administrator [or, executor] of said estate, and it appearing that he has now in his hands or under his control the sum of dollars ($............) belonging to said estate, which ............ cannot be distributed to the parties legally entitled thereto for a period of about ............ months hereafter, for the reason that [stating reason for the delay in distribution]: [Or, It appearing to the court that ................................, the administrator (or executor) of said estate has in his hands the sum of $............, which he was ordered to pay to ............, a distributee of said estate, but which has for more than months been unclaimed]: It is, there. fore, ordered by the court that said administrator [or, executor] invest said moneys belonging to the general estate in the following classes of securities of the United States [or, of the State of ............], viz, .... ................................, and hold the same subject to the further order of the court. [Or, that said administrator (or executor) invest said moneys belonging to the said ............, in the name of ............., for the time being, and hold the same subject to the further order of the court.] 371c. Order to Transfer Investment to Distributee. [Title.] .... day of ........, 19...., one ....... having Now on this appeared herein and made proof to the satisfaction of the court that he is one of the heirs at law of the said decedent, and is one of the distributees of the estate of the said decedent, and that the part of the same which belongs to him has been invested by order of the court in [name securities], [or, turned into the treasury], it is, therefore, ordered by the court that the present holder of said sureties turn over and transfer, forthwith, to him as such distributee the same. [Or, in case of deposited moneys, that the auditor forthwith deliver to him a warrant therefor.] [Signature of judge or surrogate.] ARTICLE XX. INTERMEDIATE ACTIONS. NOTE: The procedure outlined in this Article is of courts of general jurisdiction, superior to surrogate courts, courts of ordinary and of probate; and the forms here relate to actions brought to determine rights or interests of parties which directly or indirectly affect the estates of deceased persons, in which actions the administrators or executors are necessary parties. [See next note.] 372. Petition for Leave to Bring Suit, and for Appointment cf Attorney. [Title.] To the Hon. of said Court: Your petitioner undersigned respectfully shows: That he is one of the heirs at law (legatees or creditors) of the said decedent, That in order to best preserve and protect the estate of the said decedent, it appears necessary that a suit be brought on [state the nature of the proposed action], and against [name the parties against whom some relief is sought]. That such suit is made necessary for the following reasons, to wit, Wherefore your petitioner prays that the court authorize and direct him or some suitable person other than the undersigned to bring such suit for the benefit of said estate, and that the court appoint an attorney at law to appear therein on behalf of all persons interested in said estate adversely to the said proposed defendants, ..... and [Add verification, as in No. 9.] [Signature of petitioner.] 373. Order Granting Leave to Bring Suit, Etc. [Title.] ............ Now on this............. day of ............, 19...., this matter comes on to be heard on the motion of ............, heir at law of the decedent, [or, legatee under the will of said decedent] for leave to bring suit on the bond, and against the bondsmen of ............, the administrator [or, executor] of said estate. And it appearing to the court that [state facts showing the necessity for the suit], the motion is hereby granted, and leave is hereby given to to bring suit on [state the nature of the proposed action], and against [name the parties proposed for defendants]; and the court hereby appoints attorney to appear in such suit on behalf of all persons interested in said estate adversely to the said proposed defendants, ............ and [Signature of judge or surrogate.] NOTE: The procedure in Nos. 372 and 373 is, of course, in the court of ordinary, the surrogate court or the probate court. 374. Petition for Construction of Will. State of..., County of ..., SS : leaving a will whereby he appointed your said petitioner his ........... executor. That said will was duly admitted to probate by the Court of the County of and on State of.... ..... ; the ............ day of, 19..., letters testamentary were duly issued thereon by last said court to the plaintiff herein, who is now the qualified and acting executor of said will. That plaintiff is in doubt as to the true construction of paragraphs numbered ......... and of said will, and he cannot safely proceed with the administration of the estate of said decedent under the will without the direction of the court. A copy of said will is hereto attached, marked "Exhibit A" and made a part hereof. That said estate is solvent and it includes property that may be applied to the bequests under the said will, over and above the unpaid debts and costs of the administration of the estate. That the defendants, and are the legatees under said will, and the defendants, and ............. claim to have an interest in said estate as creditors, and these are all the claimants thereunder. Wherefore your petitioner prays the judgment and direction of the court in regard to the true construction of said clauses of said will, and as to his duties in the premises. [Name of executor, and signature of his attorney.] [Add verification as in No. 9.] 375. Petition on Claim Due from Estate. [Title.] The above named plaintiff complains of the above named defendant and respectfully alleges: That on the ..... .... day of.... istration on the estate of one .... testate, were, by the State of 19..., letters of admin theretofore deceased, in Court of the County of duly issued to the defendant, who is now the duly qualified and acting administrator of the said decedent's estate. [Or, if decedent left a will, allege that fact and the appointment of the executor, as in No. 374.] That on the ............ day of ............, 19..., plaintiff duly presented a written statement of his claim, duly authenticated to said administrator [or, executor], who duly indorsed thereon his allowance of the same [or, allege ascertainment of obligation by order or award in probate proceedings as prescribed by law.] That more than months have expired since the date of defendant's administration bond in the matter of said estate [and if more time was allowed by court to collect assets, allege its expiration], but said defendant has neglected, and still neglects to pay said claim or any part thereof. Wherefore plaintiff asks judgment against the defendant in the sum of ............ dollars ($............) with interest thereon from the day of ............, 19...., to be levied of the property of the said decedent, [Name of plaintiff.] [Signature of attorney for plaintiff.] 376. Petition on Contract with Administrator. [Title.] The above named plaintiff complains of the above named defendant and alleges: [Aver appointment of administrator or executor as in Nos. 374 and 375.] .... day of.... That on the 19...., after decedent's death, plaintiff, as administrator [or, executor] of said estate, sold and delivered to the defendant goods belonging to the estate, of the following description and value, to wit, ..., the prices whereof were agreed upon at the sale, the total value of the same being the sum of ....... dollars ($............), which defendant then promised to pay on or before the day of..., 19...., but no part thereof has been paid. Wherefore plaintiff asks judgment against defendant for .... dollars with interest from ..., as the Administrator [or, executor] of the Estate of Deceased, Defendant. [Aver defendant's appointment as in Nos. 374 and 375.] That defendant, as such administrator [or, executor], is indebted to the plaintiff on a promissory note, a copy of which is hereto attached, marked "Exhibit A" and made a part thereof, with all the credits and indorsements; that no part of said note has been paid (excepting the sum of $............ which was paid and indorsed thereon on the day of ....., 19....); and ............ |